In re William N.

Appellate Division of the Supreme Court of New York

In re William N.

17 A.D.3d 1158, 793 N.Y.S.2d 850, 2005 N.Y. App. Div. LEXIS 4659

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 29, 2005

StatusPublished

Cited by2 cases

This text of 17 A.D.3d 1158 (In re William N.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re William N., 17 A.D.3d 1158, 793 N.Y.S.2d 850, 2005 N.Y. App. Div. LEXIS 4659 (N.Y. Ct. App. 2005).

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Opinion

Appeal from an order of the Family Court, Onondaga County (Michael L. Hanuszczak, J.), entered April 7, 2004 in a proceeding pursuant to Social Services Law § 384-b. The order, among other things, terminated the parental rights of respondent William N., Sr.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Respondent father appeals from an order that, inter alia, terminated his parental rights on the ground of abandonment. Petitioner established by clear and convincing evidence the intent of respondent to forego his parental rights based on his failure to communicate with the children or petitioner for the six-month period immediately prior to the date on which the petition was filed (see Social Services Law § 384-b [4] [b]; Matter of Elizabeth S., 275 AD2d 952, 952-953 [2000], lv denied 95 NY2d 769 [2000]). The record establishes that respondent’s contact was insubstantial and thus does not preclude the finding of abandonment (see Matter of Kyle K., 13 AD3d 1162 [2004]; Elizabeth S., 275 AD2d at 953). Present— Hurlbutt, J.P., Scudder, Gorski, Pine and Lawton, JJ.

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Appeal from an order of the Family Court, Onondaga County (Michael L. Hanuszczak, J.), entered April 7, 2004 in a proceeding pursuant to Social Services Law § 384-b. The order, among other things, terminated the parental rights of respondent William N., Sr.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Respondent father appeals from an order that, inter alia, terminated his parental rights on the ground of abandonment. Petitioner established by clear and convincing evidence the intent of respondent to forego his parental rights based on his failure to communicate with the children or petitioner for the six-month period immediately prior to the date on which the petition was filed (see Social Services Law § 384-b [4] [b]; Matter of Elizabeth S., 275 AD2d 952, 952-953 [2000], lv denied 95 NY2d 769 [2000]). The record establishes that respondent’s contact was insubstantial and thus does not preclude the finding of abandonment (see Matter of Kyle K., 13 AD3d 1162 [2004]; Elizabeth S., 275 AD2d at 953). Present— Hurlbutt, J.P., Scudder, Gorski, Pine and Lawton, JJ.

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Bluebook (online)

17 A.D.3d 1158, 793 N.Y.S.2d 850, 2005 N.Y. App. Div. LEXIS 4659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-william-n-nyappdiv-2005.

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